Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP. 1] THE DOMINION OF CANADA 763 while as the rest of the territory of the Hudson’s Bay Com- bany was not to be made into a province, there was only the most doubtful power for the Dominion to legislate : the Crown might indeed, in the ideas of that day, by the preroga- tive annex territories to a Colony, and the Dominion was no doubt a Colony, but the Dominion had been defined by an Imperial Act, and the legislative powers of the Dominion were definitely powers to be shared with a Provincial Legis- lature, so that there were any number of doubts possible as to the validity of the position if the Parliament were not given fresh powers. This was done by an Imperial Act of 1871, which ratified the Acts 2 of Canada for the government of the territories and of Manitoba, and gave to the constitution of the province, and of any further provinces which it em- powered the Dominion Parliament to form out of surrendered lands, permanence by forbidding alteration by the Dominion Parliament, except with the consent of the Legislature of the province, by way of increasing or diminishing or altering the territory and making consequential. changes of law. The Act also empowers the Parliament to legislate for the Peace, order, and good government of any territory included in the boundaries of the federation. Finally, it authorized the providing of representation in the Parliament of such Dew provinces as might be created. An Act of 18863 allowed the representation in the Parliament of the territories before they were made provinces. Senators were added also under the terms of the agreement with British Columbia, though that was not specially contemplated in the British North America Act. § 10. THE TERRITORIES The power to legislate for the territories is derived from the Act of 1871, and its pervading character was declared by the Privy Council in the case of Riel v. Regt The power has been exercised in many different forms, and the remaining ' 34 & 35 Vict. ¢. 28; Provincial Legislation, 1867-95, pp. 8-11. * 32 & 33 Vict. c. 3; 33 Vict. c. 3. See Canada Sess. Pap. 1871, No. 20. * 49 & 50 Viet. c. 35, confirming the Canadian Act, 49 Vict. ¢. 24, 10 App. Cas. 675.

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